- 8 - rights. United States v. Natl. Bank of Commerce, 472 U.S. 713, 722 (1985); Blanche v. Commissioner, T.C. Memo. 2001-63. Therefore, whatever rights or interests, if any, petitioner held in the LA property during the years in issue must be determined by applying applicable California law. It is presumed under California law that the owner of legal title is the owner of the full beneficial title. Cal. Evid. Code sec. 662 (2001). This presumption may be rebutted only by clear and convincing proof. Id. In Uslu v. Commissioner, T.C. Memo. 1997-551, the taxpayers, Mr. and Mrs. Uslu, made mortgage payments on a residence for which legal title was held by Mr. Uslu’s brother and sister-in- law. We found in Uslu that the taxpayers “exclusively held the benefits and burdens of ownership”, and, therefore, were the equitable and beneficial owners of the residence. However, in Song v. Commissioner, supra, where legal title was held by the taxpayer’s brother, we found that the taxpayer failed to prove that she had any equitable or beneficial ownership in the residence. An important distinction between Uslu and Song was the completeness of the record and the credibility of the legal title holder of the residence: Mr. Uslu’s brother and sister-in-law in Uslu, and the taxpayer’s brother in Song. In the instant case, the record establishes that during thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011